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(영문) 부산지방법원 2020.01.17 2019노3687
업무상횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the prosecutor and the Defendant as sentencing factors have already been discovered in the hearing process of the lower court and sufficiently taken into account, and there is no particular change of circumstances in the matters subject to sentencing after the lower judgment was sentenced.

In addition, in full view of the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, family relationship, the background and result of the instant crime, the amount of embezzlement, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to have been too heavy or frighted out of the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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